16 September 2021

Terms of Use

 

Who we are

These are the terms of use (“Terms of Use”) upon which Touch Press (Ireland) Limited, a private limited company incorporated under the laws of Ireland under company registration number 459470 and having its registered office at Exchequer Chambers, 23 Exchequer Street, Dublin 2, Ireland (“StoryToys”, “we”, “us”, “our”) permit general use of the website storytoys.com (“Website”) and our mobile applications (each a “StoryToys App”). Our registered VAT number is 9687542C. These Terms of Use apply to anyone who visits the Website and/or downloads a StoryToys App. 

 

Electronic Communications

You can contact us by email at support@storytoys.com.  Our support team are available between the hours of 9am to 5pm Monday to Friday GMT, excluding public holidays.  If we have to contact you we will only do so by email using the email address you provide to us when creating or updating your User Account or Educator Account or when contacting us.  You agree that we may communicate with you by means of electronic communications regarding these Terms of Use and any other matter relating to your use of the Website, a StoryToys App and/or your purchase, redemption and use of a subscription gift code or other code you acquire or receive. E-mail and other methods of transmitting information over the internet are subject to interference or scrutiny by third parties and should be independently verified.  We cannot ensure security and privacy of such communications and all risk in transmitting such communications lies with you.

 

Our contract with you

  1. You can only enter into these Terms of Use if you have reached the age of majority or legal age in your jurisdiction and if you can form legally binding contracts under applicable law.  By using the Website and/or downloading a StoryToys App, you confirm that you have reached the age of majority in your jurisdiction and you otherwise have the legal capacity to enter into and agree to these Terms of Use.  Children’s use of the Website and any StoryToys App must be under the supervision of an adult. 
  2. You will be subject to these Terms of Use if you (a) download a StoryToys App; (b) make any in-app purchase for a subscription to access and use the digital content associated with a StoryToys App (“Digital Content”); and/or (c) redeem a subscription [gift] code or other code to access Digital Content. Sometimes other terms and conditions will be relevant to our legal relationship with you and these will be published on our Website and/or a StoryToys App.  
  3. If you make any in-app purchases on a StoryToys App, you will be required to agree to the terms provided by your app channel provider (for example, the terms provided by Apple’s App Store, Google Play, Amazon  Appstore or such other app store as we may authorise).  StoryToys is not a party to your contracts with your app channel partner.  You do not require a User Account to make an in-app purchase on a StoryToys App. 

Your privacy and personal data

  1. Any personal data that we receive through your use of the Website, and any personal data we receive relating to your use or your family’s or students’ use of a StoryToys App, is processed in accordance with our Privacy Notice.
  2. If you make any in-app purchases on a StoryToys App, the privacy notices of your app channel provider will also apply in respect of the personal data it controls and processes.   

 

Your access 

  1. As a user of the Website you may be able to view and navigate the Website, activate subscription gift codes and other access codes for Digital Content, create a User Account or Educator Account, subscribe to marketing material and use other Website features; and as a user of a StoryToys App you may be able to download, view and navigate a StoryToys App, request to make in-app purchases, review and interact with content (including Digital Content, StoryToys Content and Licensed Elements) and use other app features (collectively the “Service”).  
  2. If you choose to access the Service from locations outside of Ireland, you are responsible for compliance with local laws where they are applicable. 
  3. You are responsible for making all arrangements necessary for you to have access to the Service, including internet access.  You are also responsible for ensuring that all persons who access the Service through your internet connection are aware of these Terms of Use and that they comply with them in full.

 

User Accounts and Educator Accounts

  1. To redeem subscription gift codes and other codes for Digital Content, you will be required to create and maintain a valid user account through the Website (“User Account”).  If you are an educator whose credentials have been verified to our satisfaction in accordance with our verification process available at www.storytoys.com/educators (which may change from time to time) (“Educator”) you must have a valid educator account for the Website (“Educator Account”) in order to avail of and redeem certain types of subscription access codes for Digital Content. You agree to provide us with true and accurate information and to update it as necessary to keep it accurate.  A User Account and Educator Account can only be created and managed through the Website.  You can delete your User Account or Educator Account by using the settings in your account. 
  2. All User Accounts and Educator Accounts are personal agreements between the user and us and as such are non-transferable.  You must not use your account for or in connection with the impersonation of any person.  If you provide us with false information, we reserve the right to suspend or terminate your account and your access to the Website, StoryToys Apps, Digital Content and/or StoryToys Content.
  3. You must treat your username and password you choose as confidential, and you must not share them with anyone else.  If you think that someone else might be using your account, you must let us know immediately by contacting our support team at support@storytoys.com.  You should also immediately change your password.  You must not use anyone else’s account to access the Website, any StoryToys App, Digital Content and/or StoryToys Content.  We may suspend or terminate access to your account if you break any of these rules and/or the other rules contained in these Terms of Use.

Permission to use the Service

We permit you to use the Service only for personal and non-commercial purposes.  Use of the Service in any other way, including any unacceptable use set out in these Terms of Use, is prohibited.  Except as expressly set out in these Terms of Use, you agree that you will not and will not permit another person or entity to:

  • publish, post, upload, transmit, distribute, disseminate or otherwise make available through the Service:
  1. any pyramid schemes, chain letters, junk email, spam, or unsolicited messages;
  2. material that is harmful, malicious, abusive, defamatory, libellous, obscene, infringing, invasive of privacy, hateful, offensive, objectionable or otherwise inappropriate as determined by us in our sole discretion;
  3. material or User Submissions (defined below) or information that infringes any copyright, trade mark, patent, design, trade secret or other intellectual property rights, privacy, publicity or other rights of others; or
  4. files that contain any malicious code, including without limitation viruses, spyware, Trojan horses, worms, time bombs, cancelbots, corrupted data or that may in any way damage or interfere with the operation of the Service, other users’ access to the Service and/or other users’ computers or devices;
  5. defame, abuse, harass, stalk, threaten, bully or otherwise violate the legal rights of others;
  6. violate any applicable laws or regulations, or promote or encourage any illegal activity;
  7. impersonate another user or create a false identity, including but not limited to identities falsely indicating that the user is another user, a celebrity or other well-known person, or a StoryToys representative;
  8. gain or attempt to gain unauthorised access to the Service, to other users’ account or profile information, or to computer systems and/or networks connected to the Service;
  9. make false reports through the Service or to our support team; 
  10. engage in fraud and/or fraudulent transactions;
  11. simulate communications from us or another service or entity in order to collect identity information, authentication credentials, or other information;
  12. establish more than one account to use the Service; 
  13. use the Service for any form of wagering or gambling;
  14. manipulate any identifiers to disguise the origin of a message;
  15. facilitate or encourage any violations of these Terms of Use (or any part thereof); or
  16. use the Service in any manner which could damage, disable, interrupt, overburden, impair or compromise the Service, the Website, a StoryToys App, our systems or security or interfere with other users or any other party’s computer systems or hack or gain unauthorised access to the Service, the Website, a StoryToys App, Digital Content and/or StoryToys Content or data.

StoryToys Content

  1. The Service contains a variety of content and information in various forms including without limitation: (i) videos, images, icons, photos, graphics, music, sounds, text, data, communications, illustrations, documents and other material and services that users can view on, access through, or contribute to the Service; (ii) trade marks, logos, trade names, service marks and trade identities; (iii) applications, software, scripts, programs, copyright and other intellectual property; and (iv) other materials and services (collectively “StoryToys Content”). Without limiting the foregoing, any Digital Content you subscribe for or otherwise access is and/or contains StoryToys Content.
  2. All right, title and interest in and to the StoryToys Content is the property of StoryToys, our licensors and/or certain other third parties, and is protected by copyright, database rights, sui generis rights, trade mark, trade dress, passing off and unfair competition rights, patent and other intellectual property rights and laws to the fullest extent possible. StoryToys owns the copyright in the selection, compilation, assembly, arrangement and enhancement of the StoryToys Content on the Service.  You are only permitted to use the StoryToys Content as expressly authorised by us and only through the functionality of the Service.
  3. Subject to your strict compliance with these Terms of Use and any applicable additional terms that may be applicable in respect of the Service (or any part(s) thereof), we grant you a limited, personal, non-exclusive, revocable, non-assignable, non-transferable and non-sublicensable license to (i) access, download, display, view, use and/or play the StoryToys Content (excluding source and object code, other than as made available to access and use to enable display and functionality) solely through the Service on a personal computer, mobile phone, tablet or other wireless device, or other internet enabled device; and (ii) to use certain StoryToys Content that we may from time to time make available on the Service solely and explicitly for you for use as part of your User Submissions (“Licensed Elements”), but solely for use within the functionality of the Service and only for such purposes as may be explicitly stated at the time that the Licensed Elements are made available on the Service. We and our licensors and certain other third parties, as the case may be, retain ownership of such StoryToys Content and Licensed Elements.  The foregoing limited license (i) does not give you any ownership of, or any other intellectual property right or interest in, any StoryToys Content or Licensed Elements; (ii) may be immediately suspended or terminated for any reason, in StoryToys’ sole discretion and without advance notice or liability; and (iii) does not permit you to use any StoryToys Content or Licensed Elements outside the functionality of the Service (e.g. if the Service permits you to create a video using StoryToys Content on the Service, you are prohibited from posting that video on YouTube or any other video service and may only use that video within the Service).
  4. These Terms of Use and any applicable additional terms include only narrow, limited grants of rights to the StoryToys Content and Licensed Elements within the functionality of the Service and to use and access the Service solely as permitted herein. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom or otherwise.  All rights not expressly granted to you are reserved by StoryToys and its licensors and other third parties.  Any unauthorised use of any StoryToys Content, the Licensed Elements and/or the Service for any purpose is prohibited.
  5. Except as expressly set out in these Terms of Use, you agree that you will not and will not permit any other person or entity to:
    • copy any of the Service, StoryToys Content and/or Licensed Elements except where such copying is incidental to normal use or where it is necessary for the purpose of back-up or operational security;
    • market, share, distribute, offer for sale or sell copies of the Service, StoryToys Content and/or Licensed Elements in any way contrary or inconsistent with the rights granted and restrictions under these Terms of Use;
    • rent, lease, sub-license, loan, translate, merge, adapt, vary or modify any of the Service, StoryToys Content and/or Licensed Elements;
    • conceal, change or remove any markings which show who owns the Service, StoryToys Content and/or Licensed Elements, such as copyright (©), registered trade mark (®) or unregistered trademark (™) markings;
    • disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Service, StoryToys Content and/or Licensed Elements or attempt to do any such thing except to the extent that such actions cannot be prohibited by applicable law;
    • infringe our intellectual property rights or those of any third party in relation to your access and/or use of the Service, StoryToys Content and/or Licensed Elements; or
    • make alterations to, or modifications of, the whole or any part of the Service and/or StoryToys Content, or permit the Service, StoryToys Content and/or Licensed Elements or any part of them to be combined with, or become incorporated in, any other programs.

User Submissions and Ideas

  1. The Website may now or in the future, according to the collection and use of information practices outlined in our Privacy Notice (where relevant), offer users of the Service the opportunity to create, build, post, upload, display, publish, distribute, transmit, broadcast or otherwise make available on or submit through the Service certain user-generated text, information, data, audio files, videos, graphics, photographs or other content, including and/or incorporating StoryToys Content with user-generated content (“User Submissions”) and the hosting, sharing, transmission and/or publishing of such User Submissions solely within the Service. User Submissions may be published by StoryToys and viewed by other users of the Service. You understand and acknowledge that StoryToys does not guarantee any confidentiality with respect to any User Submissions. If StoryToys provides the ability for you to submit User Submissions to the Service, you represent, warrant and confirm that you are the owner of any intellectual property rights in any such User Submissions that you submit, or have sufficient rights to submit the User Submissions to the Service without infringing any third-party intellectual property rights or other rights.  If the Service permits you to use StoryToys Content, Licensed Elements on the Service, you will not own that content, but have the limited license to use the StoryToys Content and Licensed Elements in accordance with these Terms of Use.  You will not be able to distribute, post, use or otherwise exploit User Submissions that incorporate StoryToys Content, Licensed Elements outside of the Service (e.g., you can’t post your User Submission on YouTube or Vimeo). Except to the extent the Service permits you to use StoryToys Content within a User Submission, StoryToys does not claim any ownership rights in any User Submission that you may submit or offer through the Service.  However, to the extent you submit any User Submission, you acknowledge and agree that you automatically grant (and represent and warrant that you have the right to grant) a royalty-free, worldwide, fully paid-up, perpetual, irrevocable, assignable, sub-licensable, non-exclusive right and license to StoryToys to:
    • use, reproduce, distribute, remove, and analyse any of your User Submissions as StoryToys may deem necessary or desirable for any purpose in connection with the operation of the Service;
    • copy, modify, and reproduce your User Submissions for marketing, promotional and/or other purposes in connection with StoryToys or the Service in any media; and
    • use, edit, modify, reproduce, distribute, prepare derivative works of, display, post or otherwise make available your User Submissions to any other user in connection with any feature of the Service, and delete any or all of your User Submissions from the Service, whether intentionally or unintentionally, for any reason or no reason, without any liability of any kind to you or to any other party, and enable the Service or users of the Service to share or post your User Submissions on third party sites, such as, without limitation, on social networking sites.
  2. We are not obliged to monitor or moderate any User Submissions. Where we do monitor or moderate User Submissions we shall indicate how this is performed and who should be contacted in relation to any User Submission of concern to you. We may remove or edit any User Submission whether they are moderated or not.
  3. To the extent that you submit, via the Service or otherwise, any unsolicited concepts, ideas, or suggestions (collectively, the “Ideas”) for, by way of example and without limitation, any features or functionality for the Service, you agree that such Ideas are not confidential, and StoryToys shall not be liable for the disclosure of such Ideas. You hereby grant and agree to grant StoryToys, under all of your rights in the Ideas, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Ideas for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the Service, or any StoryToys product or service, without compensation or accounting to you and without further recourse by you.

 

Accuracy and availability

  1. While we try to ensure that the Service is accurate, up-to-date and free from bugs, we cannot promise that it will be. Also, we cannot promise that the Service will be fit or suitable for any purpose. Any reliance that you may place on the information on the Website or any StoryToys App is at your own risk.  This is without prejudice to any rights you may have under applicable mandatory laws.
  2. The Website is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites that may be of interest. It does not constitute technical, educational, social, financial or legal advice or any other type of advice and should not be relied on for any purposes.
  3. While we try to make sure that the Service is available for your use, we do not promise that the Service is available at all times nor do we promise the uninterrupted use by you of the Service.
  4. We may change, upgrade, suspend or discontinue the Website and/or one or more parts and/or features of the Service at any time as we see fit without liability.

 

Limitation on our responsibility to you

  1. If we fail to comply with these Terms of Use, we are responsible for loss or damage you suffer that is a foreseeable result of our breaching these Terms of Use or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us in advance.
  2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; or for breach of your legal rights.
  3. We only supply the Service for domestic and private use. If you use the Service for any commercial, business, classroom (including without limitation if you use the Service in your capacity as an Educator) or re-sale purpose: (i) StoryToys will have no liability to you for any loss of profit or anticipated profit, loss of business, business interruption, loss of business opportunity, revenues or any indirect or consequential loss or damage; and (ii) StoryToys’ total aggregate liability under, arising out of or in connection with these Terms of Use in contract or tort (including negligence) or otherwise, shall in no circumstances exceed €10.00.

 

Linked websites

The Service may link you to other websites or otherwise include references to information, materials and/or services provided by other parties.  These other websites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such websites, nor are we responsible for errors or omissions in any references to other parties or their products and services.  The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the website or party by us, or any warranty of any kind, either expressed or implied.

 

Our rights to end this contract

  1. Any failure to comply with any of these Terms of Use or any misrepresentation of any information furnished to us by you or anyone acting on your behalf may result in the immediate suspension or termination of your User Account or Educator Account and access to the Service without notice or liability to you. This is without prejudice to any other rights or remedies we may have under these Terms of Use or under applicable law.
  2. Termination of our contract will not affect provisions of the contract that are said to operate or have effect after termination and will not affect any existing rights or obligations or any rights or obligations which are intended to commence on or continue after termination of the contract.

Other important terms

  1. Transferring rights. We may transfer or assign our rights and obligations under these Terms of Use to another organisation. You may not transfer your rights or your obligations under these Terms of Use to another person.
  2. Variation. No variation of these Terms of Use that you purport will be effective unless we agree to it in writing.
  3. Severability. Each of the sections of these Terms of Use operate separately. If any court or relevant authority decides that any of them or part(s) of them are unlawful, the remaining sections and parts will remain in full force and effect.
  4. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms of Use, or if we delay in taking steps against you in respect of you breaching these Terms of Use, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
  5. Rights and remedies. The rights and remedies provided under the Terms of Use are in addition to, and not exclusive of, any rights or remedies provided by applicable law.
  6. Disputes: We will try to resolve any disputes with you quickly and efficiently.  If you are unhappy with any matter regarding our relationship with you please contact our customer support team.  If you and we cannot resolve a dispute using our internal complaint handling procedure, you may use the online dispute resolution (ODR) platform to resolve the dispute with us.  For more details, please visit the website on the Your Europe portal: europa.eu/consumers/odr.
  7. Governing law: These Terms of Use are governed by Irish law. Subject to section 14.6 any dispute will be subject to the jurisdiction of the Irish courts.  Nothing in this section limits or excludes any mandatory consumer protections applicable in the country of your residence which we are obliged to adhere.

 

Changes to these Terms of Use

  1. We may make changes to these Terms of Use from time to time and may do so for a variety of reasons including without limitation to reflect changes in or requirements of the law, new features, or changes in business practices.  The most recent version of these Terms of Use will be posted on the Website, on the StoryToys Apps and in the app store associated with your app channel provider.  You should regularly check for the most recent version.  If you continue to use the Service after the changes become effective you will be considered to have accepted those changes. If you do not agree to these changes, you must end your relationship with us by stopping your use of the Service.
  2. These Terms of Use were last amended on September 16, 2021. Previous versions of these Terms of Use, including their effective dates, are available here www.storytoys.com/terms/previous.

 

Additional terms

By using the Service through the following app channel providers, you agree to the following additional terms, where applicable:

App Store: https://www.apple.com/legal/internet-services/itunes/en/terms.html

Google Play: https://play.google.com/intl/en_us/about /play-terms.html

Amazon Appstore: https://www.amazon.com/gp/help/customer/display.html?nodeId=201485660&_encoding=UTF8&ref_=mas_help_legacy_legal_doc_page

Samsung: https://account.samsung.com/membership/etc/specialTC.do?fileName=samsungapps.html

Huawei: https://consumer.huawei.com/minisite/cloudservice/hiapp/terms.htm?code=US&branchid=2&language=en_US